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Discover insightful and informative practice advisories from today’s top law firms designed just for in-house counsel.
Buying Or Selling An NFT Home? Not So Fast.
The use of NFTs has gone far beyond just digital art and collectibles. You can receive an NFT when you attend certain events (POAP); you can receive an NFT with the purchase of a blouse (Alice + Olivia);and now, you can receive an NFT with the purchase of a condominium!
Supreme Court's Mens Rea Decision in Drug Case May Have Significant Implications for False Claims Act Cases Based on Anti-Kickback Violations
On June 27, in Ruan v. United States, the U.S. Supreme Court held that the mens rea necessary to support a Controlled Substances Act (CSA) violation also applies to the affirmative defense. Inasmuch as the sentence at issue in the CSA is syntactically similar to the operative sentences in the federal Anti-Kickback Statute (AKS), the case may have wide-reaching implications for False Claims Act (FCA) cases based on an AKS violation.
California Employers Soon May Be Subject to a Workplace Violence Safety Standard
On May 17, 2022, the California Division of Occupational Safety and Health (Cal/OSHA) released a draft regulation for workplace violence prevention that applies to all California employers, with only limited exceptions. Cal/OSHA is seeking input from interested parties by July 18, 2022.
Education Department Seeks Input to Strengthen Section 504 Protections for Students With Disabilities
To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary students, the U.S. Department of Education’s Office for Civil Rights (OCR) has announced that it will solicit public recommendations from students and their advocates and hold listening sessions to determine ways to improve the current regulations to achieve the present-day needs of America’s students with disabilities.
NFT Gas Fees And Efforts Aimed At Reducing These Expensive And Unpredictable Costs
Yuga Labs, the creators of the multi-million dollar Bored Apes Yacht Collection NFTs, made high-priced headlines again earlier this month when it was reported that purchasers of their latest NFT venture, plots of virtual land known as Otherdeeds (to be used in their soon-to-launch metaverse game,
Colleges and Universities Explore Merger Opportunities as Industry Consolidates
Colleges and universities throughout the country are facing a perfect financial storm as they struggle to deal with the continuing pressures of COVID-19, challenges in federal and state funding, and a diminishing pool of student applicants. For many of these schools, proactively exploring affiliation or merger options before their circumstances become unsustainable will best position them to thrive in the future. This advisory provides insight into the merger or affiliation process for institutions of higher education that may be faced with the need to explore such a transaction.
Unclear, Inconsistently Enforced Policy Supports Employee Discrimination Claim
Shortly after requesting an accommodation for his disability, an employee was terminated for violating company policy. But because the policy at issue was vague, ever-evolving, and inconsistently enforced, the Utah Court of Appeals held that the employer’s explanation for why it had terminated the employee was pretextual, holding that it was liable for discrimination and/or retaliation.
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